UBICARTA SAS (simplified joint stock company) with capital of €10,000, registered under number 820 339 224 with the BORDEAUX Trade and Companies Register, whose corporate headquarters are located at 89 ter rue Louis Laverny 33130 Bègles (hereinafter referred to as the “Company”), is the owner and holder of the rights to the ‘Michelin Maps’ mobile application (hereinafter referred to as the “Application”).
These Terms & Conditions (hereinafter the “Terms & Conditions”) apply from 15 October 2024 and govern the rights and obligations of the Company and the User in relation to the Service. These Terms & conditions are applicable to all use by a User.
The User acknowledges that he/she has read the Terms & conditions and accepts them unreservedly in their entirety.
The User declares that he/she is of legal age or has parental authorisation and has the legal capacity to conclude a contract.
The Parties agree that their relationship will be governed exclusively by these Terms & conditions, which are accepted by the User when the present Application is launched for the first time.
The Terms & conditions can also be consulted at any time at https://editions.michelin.com/terms-michelin-maps-app
The Terms & conditions apply to all the Services offered by the Company in the Michelin Maps application and which are the subject of an order placed by the user.
The Company reserves the right to revise these terms and conditions at any time, with the new terms and conditions applying to any new use of the Application, regardless of the previous relationship between the Company and the User.
Article 1. General presentation of the Application
The Application offers the User the following services for personal, non-commercial use
as presented on the Application, via all iOS and Android devices.
To access the Application, the User must have :
The Application can be downloaded free of charge.
The Application offers a pay Service accessible with an annual subscription, enabling all available maps to be viewed and downloaded.
The costs associated with connecting to the Application and downloading electronic files invoiced by access providers or telephone operators remain the sole responsibility of the User.
The Application is open to all Users, defined as physical persons, for their personal use. Minors may access the Application under the responsibility and with the authorisation of their legal representative.
This list is neither exhaustive nor definitive, and the Company reserves the right to add, modify or delete functionalities within the Application, without the User being able to claim any compensation in this respect.
The Application may only be used for personal and non-commercial purposes.
In order to make full use of this Application’s features, Users are invited to allow the Application to access their device’s location.
To access the Application from a device, the User must download and install the Application on his/her device via :
The Application is accessible without interruption, subject to the hazards associated with the availability of the connection to the Internet network chosen by the User and the availability of the services provided by the various service providers such as Apple, Google and OVH. The User is also informed that the Application may be temporarily unavailable for maintenance or repair.
The Company nevertheless reserves the right, in the event of force majeure or a judicial or administrative decision, to temporarily close access to the Application without prior notice or compensation, and shall not be liable for any damages of any kind that may arise as a result. Any purchase credits that could not be used as a result will be refunded to the User.
Use of the Application implies the User’s full and unreserved acceptance of the Terms & Conditions.
The User accepts the Terms & Conditions when the Application is launched for the first time and each time an order is placed in accordance with the terms set out in article 5 ‘Placing an order’ of the Terms & Conditions.
The Company may modify the Application and the content of the Terms & Conditions at any time. The User is informed of these modifications at least thirty (30) days before they come into force, unless they are dictated by an imperative rule or a judicial or administrative decision, in which case they come into force immediately. Any User who does not accept the new conditions must then terminate their access to the Application in compliance with the conditions set out in the articles of the Terms & Conditions.
Users who have not canceled their subscription by the end of the aforementioned period are presumed to have accepted the changes made to the Terms & Conditions.
The User agrees not to engage in any behavior that would allow the Application to be used in order to ( non-limitative list ):
The User agrees to:
The User shall be entirely and solely responsible for any damage resulting from non-compliance with these terms and conditions, and the Company shall not be held liable in this respect.
In general, by using the services of the present Application, the User undertakes to comply with the applicable regulations in force, in particular concerning the privacy of others, the right to the image of assets and persons, and will refrain from any behavior contrary to the regulations in force.
The Company may remove any content and/or prohibit the use of and/or access to the present Application, as soon as it becomes aware that the User is in breach of the present Terms & Conditions. Such modification may be made without prior notice, notification or warning, at any time and at the sole discretion of the Company.
To purchase an annual subscription from the Application, the User must complete the following steps:
A purchase confirmation will be sent to the email address linked to the User’s account once the purchase has been made. Once the purchase is complete: The User has immediate access to the features described in article 1. The User may consult and manage the subscription purchased through the Application by selecting ‘Manage subscription’ on the ‘Profile’ / ‘Subscriptions’ screen of the mobile Application.
It is the User’s responsibility to ensure that they have a stable and sufficiently powerful Internet connection to guarantee optimal use of the Application. Any download or viewing may be interrupted unexpectedly if the Internet connection is lost. In this case, it is the sole responsibility of the User to resume the download in progress before the connection is lost.
The Application offers a free 7-day trial of the subscription features.
The features in the free trial are the same as those in the subscription.
At the end of the trial period, you will lose access to the subscription features.
If you cancel your subscription before the end of the trial period, you will lose access to the subscription features.
The duration of the trial period may be subject to change. This change applies to users starting a free trial after the date of the change and does not apply to users already benefiting from a free trial.
The features of the free trial may be subject to change, as may the rest of the application’s features.
The Application enables users to subscribe on a binding and definitive basis for a fixed period of one year.
A fixed-term subscription is purchased in accordance with the Terms & Conditions, article 5.
The duration of the subscription begins as soon as the order is placed, unless a free trial period is offered.
When the User makes a purchase, the payment method used by the User is charged with the amount corresponding to the total duration of the commitment.
At the end of the commitment period, the subscription is automatically renewed by tacit agreement.
This purchase method is available on the application.
For any subscription to the Services, the User may retract within a period of fourteen (14) calendar days from the date of subscription in accordance with article L. 221-18 of the French Consumption Code.
In order to exercise this right, the User must, within the aforementioned period, take the following steps, depending on the shop where the subscription was purchased:
The general design of the Application is protected by French intellectual property law, in particular copyright, neighboring rights, trademark law and image rights, as well as by international legislation.
Only personal, non-commercial use of the Application is authorized.
All reproduction rights are reserved, including for texts, downloadable documents and iconographic and photographic representations. The User is not authorized to save the content of the Application, on any medium and for any use whatsoever, nor to exploit, reproduce, represent, modify, adapt, broadcast, distribute, transmit or commercially use all or part of the content outside the conditions set out in the Terms & Conditions.
Any dissemination of the content, in any form and in any place whatsoever, is prohibited.
In general, the User agrees to comply with applicable French legislation and not to undermine the content(s). The User guarantees that he/she will use the Application in accordance with the Terms & Conditions and guarantees against any claim, action or complaint from any third party whatsoever.
The Company reserves the right to suspend the transmission of an Issue or the User’s access to the Application in the event of use contrary to the GCU, and in particular the public performance or making available to the public of content protected by copyright.
Accessibility of the Application and malfunctions:
The Company shall make every effort to ensure that the Application is accessible and operational at all times, subject to the limits set out in Article 6 hereof. In this respect, the Company is bound only by an obligation of means and not of result and offers no guarantee of continuity of its services.
In particular, the Company may not be held liable in the event of malfunction or lack of operation of the Application resulting from the absence or poor coverage of mobile data or the absence or poor quality of the GPS signal.
In addition, the Company reserves the right to temporarily interrupt access to the Application for maintenance, corrective and/or upgrade purposes, but commits to making its best efforts to limit the time during which the Service is interrupted.
The User therefore declares that he/she is aware of how the Internet works and accepts its limitations. In particular, the User acknowledges that:
For any questions related to a downloading or purchasing matter, the User is invited to send an email to the following address: carte-michelin@ubicarta.com.
The Company makes every effort to provide the Application User with available tools.
The Company may under no circumstances be held liable for the speed of access to the Application, of access to the data in the Application, of downloading or even of suspension or temporary impossibility of access, particularly when the suspension or impossibility of access to the system is caused by failures on the part of telecommunication operators or Internet access providers chosen by the User.
The User is solely responsible for his/her technical equipment and its compatibility with the Application. They must prevent any intrusions or viruses by the usual means (firewall, antivirus, etc.), which are not the responsibility of the Company.
Use of the Application is at the User’s own risk, and the User acknowledges this and agrees to take all necessary precautions to use the Application in accordance with the Terms & Conditions.
As a result, the Company may not be held liable by the User for any damage, particularly in the event of loss of data or damage to the User’s equipment, which may occur as a result of using the Application.
Thus, the Company will only be liable in the event of damage resulting from a malfunction blocking access or making use of the Application impossible or very difficult for the User, which can be shown to have been caused exclusively by the Company.
In any event, the Company’s liability, if proven, will be limited to providing access to the Application in accordance with the provisions of these Terms and Conditions.
The Company shall not be liable for any other damages, in particular any indirect, material or immaterial damage, such as moral or financial loss, loss of opportunity, loss of earnings, loss of profit, reputation damage, etc., arising from the use of the Application.
Users shall use the Application under their sole and entire responsibility. Children are advised not to use the Application without the presence of an adult.
The area shown on the maps is constantly changing and conditions of accessibility and practicability may vary according to the season, weather conditions, etc.
Thus, the Application must be used as an orientation and decision-making tool, but in no way replaces the User’s appreciation and judgment. The User remains the sole master of his or her own safety and choices in the face of external data, in particular, it being specified that signage information must always prevail over the information provided by the Application.
The Company cannot be held liable in the event of an accident, even a minor one.
The Company pays particular attention to the protection of Users’ privacy. Users are therefore informed that they can deactivate the geolocation function at any time, but are informed that this will result in some of the services offered by the Application being inaccessible.
Similarly, Users may at any time delete their search history and any personal content they may have uploaded.
The Company shall not be liable for any failure by it to perform any of its obligations due to the occurrence of an event of force majeure, i.e. an external, irresistible and unforeseeable event, which prevents or makes abnormally difficult the performance of the obligation in question.
The Company reserves the right to modify the Terms & Conditions of the Application. Any modification of the Terms & Conditions is brought to the User’s attention by a message in the application with thirty (30) days’ notice.
The User will be informed of any termination of the Application by means of a message in the application with thirty (30) days’ notice.
Any modification or termination of the Application or of the Services under the aforementioned conditions shall not engage the liability of the Company in any way whatsoever.
The Parties should refer to the Privacy Policy available at https://editions.michelin.com/privacy-policy-michelin-maps-app for the rules applicable to this matter.
The Terms & Conditions are governed by French law.